Jeanie Eller; Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 942-3278]

Jeanie Eller; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreement.

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SUMMARY: The consent agreement in this matter settles alleged

violations of federal law prohibiting unfair or deceptive acts or

practices or unfair methods of competition. The attached Analysis to

Aid Public Comment describes both the allegations in the draft

complaint that accompanies the consent agreement and the terms of the

consent order--embodied in the consent agreement--that would settle

these allegations.

DATES: Comments must be received on or before March 23, 1998.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

C. Steven Baker or Russell W. Damtoft, Federal Trade Commission,

Chicago Regional Office, 55 East Monroe St., Suite 1860, Chicago, IL

60603. (312) 353-8156.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal

Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and Section 2.34 of

the Commission's Rules of Practice (16 CFR 2.34), notice is hereby

given that the above-captioned

[[Page 3129]]

consent agreement containing a consent order to cease and desist,

having been filed with and accepted, subject to final approval, by the

Commission, has been placed on the public record for a period of sixty

(60) days. The following Analysis to Aid Public Comment describes the

terms of the consent agreement, and the allegations in the complaint.

An electronic copy of the full text of the consent agreement package

can be obtained from the FTC Home Page (for January 13, 1998), on the

World Wide Web, at ``http://www.ftc.gov/os/actions/htm.'' A paper copy

can be obtained from the FTC Public Reference Room, Room H-130, Sixth

Street and Pennsylvania Avenue, NW., Washington, DC 20580, either in

person or by calling (202) 326-3627. Public comment is invited. Such

comments or views will be considered by the Commission and will be

available for inspection and copying at its principal office in

accordance with Section 4.9(b)(6)(ii) of the Commission's Rules of

Practice (16 CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To Aid Public Comment

The Federal Trade Commission has accepted an agreement, subject to

final approval, to a proposed consent order from respondent Jeanie

Eller.

The proposed consent order has been placed on the public record for

sixty (60) days for reception of comments by interested persons.

Comments received during this period will become part of the public

record. After sixty (60) days, the Commission will again review the

agreement and the comments received and will decide whether it should

withdraw from the agreement and take other appropriate action or make

final the agreement's proposed order.

This matter concerns success claims made regarding Jeanie Eller's

Action Reading, a home-study phonetics program, promoted by respondent.

The Commission's complaint charges that respondent, in concert with

Mega Systems, Inc., made unsubstantiated claims that Jeanie Eller's

Action Reading is successful in teaching reading 100% of the time. In

fact, the complaint alleges, Jeanie Eller's Action Reading is not

successful in teaching reading 100% of the time.

The proposed consent order contains provisions designed to remedy

the violations charged and to prevent the respondent from engaging in

similar acts and practices in the future. The proposed order extends to

Jeanie Eller Action Reading or any other product or program that

provides instruction in any aspect of reading.

Part I of the proposed consent order prohibits the respondent from

representing the extent to which individuals who use such product will

learn to read or the success rate of individuals who use such product,

unless the representation is substantiated.

The remaining parts of the proposed consent order require the

respondent to maintain promotional and substantiation materials related

to the claims covered by the order, to notify the Commission of any

changes in her employment, and to file one or more compliance reports.

The purpose of this analysis is to facilitate public comment on the

proposed consent order. It is not intended to constitute an official

interpretation of the agreement and proposed order or to modify in any

way their terms.

Donald S. Clark,

Secretary.

[FR Doc. 98-1362 Filed 1-20-98; 8:45 am]

BILLING CODE 6750-01-M